Beginning Jan. 1, 2019, employers that serve at-risk adults, including assisted living residences (ALRs), PACE programs, nursing facilities and adult day services programs, must request a CAPS check prior to hiring employees who will be providing direct care. The database contains the names of individuals who have been found by APS to have mistreated at-risk adults. After Jan. 1, CDPHE will check employee files as part of their regular survey processes to determine if the database was checked on new employees. Employers who are mandated to request a check of the Adult Protective Services data system (CAPS) must register with the CAPS Check Unit (CCU) before those requests can be made are strongly encouraged to register before Jan. 1.

The Colorado Department of Public Health and Environment’s (CDPHE) announced a three-year grant obtained from the Centers for Disease Control and Prevention (CDC) to fund a full-time Environmental Protection Specialist to conduct food safety inspections in ALRs with 20 or more beds. The inspections will be conducted yearly for the next three years and the ALR survey team will no longer be inspecting the kitchens, nor will any of the county health departments.

Beginning Jan. 1, 2019, employers that serve at-risk adults, including assisted living residences (ALRs), PACE programs, nursing facilities and adult day services programs, must request a CAPS check prior to hiring employees who will be providing direct care. The database contains the names of individuals who have been found by APS to have mistreated at-risk adults. Employers must register prior to asking for a check and CDHS must respond as soon as possible but no later than five days from the day of the request. The rules set a maximum fee for the check at $16.50. CDHS has a dedicated website for more information.

In May, Gov. Hickenlooper signed into law a bill containing extensive requirements for public and private entities that maintain the personal information of Colorado’s residents. The new law covers what steps must be taken by all providers of senior living and aging services to protect data, what to do in the event of a breach and how to dispose of certain types of personal information. The law’s requirements take effect Sept. 1.

On July 13, the Medical Services Board gave initial approval to the draft alternative care facility rules updating the rules and including requirements mandated by the federal home- and community-based services (HCBS) settings rule. LeadingAge Colorado submitted comments to the board ahead of the meeting and provided comments during the hearing. LeadingAge Colorado was the only association present and focused their comments on changes to the staffing requirements.

Reminder: Members are encouraged to check the Colorado Department of Public Health & Environment’s (CDPHE) new ALR resource page designed to help keep ALRs informed about the implementation of the new licensure regulations. The page contains continuously updated information on important dates, training, FAQs and the Assisted Living Advisory Committee (ALAC).

In a recent memo to providers, the Department of Health Care Policy and Financing (HCPF) announced that the 25 percent increase for ACFs included in the state budget signed by the governor on Monday is anticipated to take effect Oct. 1. The increase must be approved by the Centers for Medicare and Medicaid Services (CMS).

Today LeadingAge launched a petition to expand and protect affordable senior housing. This petition is part of our effort to engage and grow the Seniors Action Network. Members are encouraged to sign the petition that tells Congress we must invest more in affordable senior housing and reject the President’s proposed 22 percent cut to next year’s U.S. Department of Housing and Urban Development’s (HUD) budget. Sign the Seniors Action Network Petition for Affordable Senior Housing and tell Congress to make older adults a priority.

The Board of Health (BoH) will hold a public rulemaking hearing for the revised Chapter 7 assisted living residence (ALR) licensure rules on April 18 at 10 a.m. in the Sabin-Cleere rooms on the first floor of the Colorado Department of Public Health & Environment’s (CDPHE) main campus at 4300 Cherry Creek Drive South. The draft includes several changes for ALRs, including minimum standards for administrators, requirements for CPR, first aid and lift assistance, implementation of the Facility Guideline Institute (FGI) standards for new construction and renovations, and revisions to the secure environment section.

Last month, the Board of Health (BoH) approved a rulemaking hearing for the revised Chapter 7 assisted living residence (ALR) licensure rules. The public hearing will be held April 18 at CDPHE. The draft includes several changes for ALRs, including minimum standards for administrators, requirements for CPR, first aid and lift assistance, implementation of the Facility Guideline Institute (FGI) standards for new construction and renovations, revisions to the secure environment section and licensure fee increases.

On Jan. 30 the Colorado Department of Health Care Policy & Financing (HCPF) released FAQs that focus on general requirements of the federal home-and community-based services (HCBS) final settings rule and miscellaneous aspects of its implementation. Part 2 will address employment-related service and lease requirements. Providers are encouraged to review all the FAQs as compliance with the rule is expected by March 2020.

Last month, the governor released his FY 2018-19 state budget proposal. It includes both increases and decreases in provider rates, including a 25 percent increase for alternative care facilities, a .77 percent increase for other HCBS providers and a decrease to nursing home rates by limiting the allowable growth for one year to 1 percent, instead of 3 percent.

In a final rule published in the Federal Register on Nov. 24th, the Occupational Safety and Health Administration (OSHA) stated its intention to delay the Dec. 1 compliance date for the electronic submission of the 2016 Form300A report of injuries and illnesses until Dec. 15. The rule is applicable to employers with 250 or more employees and employers with 20 or more employees but less than 250 in certain identified industries including nursing facilities, community care facilities for the elderly and other residential care facilities.